E-851 Grant of Easement for Storm drain retention basin purposes, 23500 Cristo Rey DriveRECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27281
24084378
Regina Alcomendras
Santa Clara County -Clerk-Recorder
12/19/2018 10:58 AM
Pages: 8
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
GRANT OF EASEMENT FOR STORM DRAIN RETENTION BASIN PURPOSES
23500 Cristo Rey Drive, Cupertino, CA 95014
The Roman Catholic Bishop of San Jose, a California corporation
'9( Original
.u· For Fast Endorsement
"NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant
dated, November 15, 2018 from
23500 Cristo Rey Drive, Cupertino, CA 95014
to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public
Works Director, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: December 17, 2018
By:
~nScipudar
Senior Offlce ·Assistant
GRANT OF EASEMENT FOR
STORM DRAIN RETENTION BASIN PURPOSES
23500 Cristo Rey Drive, Cupertino, CA 95014
The Roman Catholic Bishop of San Jose, a California corporation sole, hereinafter called
GRANTOR, hereby grants to the CITY OF CUPERTINO, a California municipal corporation,
hereinafter called GRANTEE, the right to excavate for , install , replace , maintain, and use for
sto1m drain purposes as GRANTEE shall from time to time elect within the real property
described in Exhibit A and shown in Exhibit B, which is situated in the City of Cupe1tino ,
County of Santa Clara, State of California.
GRANTOR hereby fmther grants to GRANTEE the right and privilege to enter upon his lands
contiguous to and along the line of the said hereinabove described real property for the purpose
of lqcating, constrncting, repairing , maintaining, or replacing any public storm pipe or
appmienances thereto , and for the purpose of doing any necessary or lawful act in connection
with the construction or maintenance of said stmm drain ; there is also granted the right of the use
of sufficient land contiguous to said real propetiy on either or both sides thereof for the purpose
of excavation of and deposit of ea1ih and necessary construction material during the time of
constrncting said stmm drain and public sto1m pipe , and any repair thereof.
The foregoing is subject to the following express conditions:
1. The GRANTOR shall retain the obligation to keep the area within the easement free and
clear of buildings , debris , silt and non approved vegetation or structures . The
GRANTOR shall annually maintain and clear the basin area in order to insure the proper
functioning of the basin.
2. The GRANTOR shall be responsible for relocat ing any facilities other than those
specifically related to the retention basin and public stmmwater conveyance at the sole
discretion of the GRANTEE .
3. The GRANTOR also shall have signs posted at all times in the easement area to warn of a
potential flood hazard.
The Grantee agrees to restore the ground surface and any improvements thereon to its original
grade or condition, unless approved othe1wise by the GRANTOR, insofar as it is practicable and
reasonable to do so .
1 r~ { ,-,. . L_
IN WITNESS WHEREOF , executed this / ..1 day of~/_ll.1_ ~-----' 2018.
City of Cupe11ino:
~PE
Director of Public Works
(Nota ry acknowledgment to be attached)
The Roman Catholic Bishop of San Jose , a
California corporation sole :
V_GL·
v. Msgr. Francis V . Cilia
~ttorney in Fact
I~ ::-.,
Bkf
ENGINEERS
SURVEYORS
PLANNERS
September 25, 2018
BKF Job No.: 20165092-10
EXHIBIT "A"
EASEMENT DESCRIPTION FOR:
STORM DRAIN RETENTION BASIN EASEMENT
All that certain real prope1iy in the City of Cupe1iino, County of Santa Clara, State of
California, and desc1ibed as follows:
BEING a portion of Parcel One as said parcel is described in the Memorandum of Lease
by and between The Roman Catholic Bishop of San Jose and Rancho San Antonio
Retirement Housing Corporation, recorded March 6, 2006, as Document Number
18832013, Santa Clara County Official Records , said portion being more particularly
described as follows:
BEGINNING at the northwesterly tenninus of that certain course described in said
Memorandum of Lease (18832013) as "No1ih 61°04'48" West 100.85 feet" on the
northeasterly line thereof; THENCE along said northeasterly line South 61 °04'48" East
50.00 feet; THENCE leaving said northeasterly line South 02°42'58" East 48.05 feet;
THENCE North 89°50'49" West 11.03 feet; THENCE South 52°00'00" West 21.21 feet;
THENCE South 13°00'22" West 112.59 feet; THENCE North 83°58'35" West 33.98 feet;
THENCE South 73°08'36" West 21.77 feet; THENCE North 51 °58'17" West 62.18 feet;
THENCE North 38°01'43" East 7.79 feet; THENCE North 22°07'55" West 32.23 feet;
THENCE North 14°39'06" East 81.19 feet; THENCE Nmih 00°24'58" East 77.49 feet;
THENCE South 73° l 7'2311 East 92.61 feet to the aforementioned northeasterly line of
said Mernorandum of Lease (18832013); THENCE alorig the last said line South
53°33'56" East 10.18 feet to the POINT OF BEGINNING.
Containing an area of 25,282 square feet.
A plat showing the above described easement is attached hereto and made a part hereof
as Exhibit "B".
red from record infonnation for BKF Engineers.
Dated: ___ C)_-_? _ _r:_-/._8 ___ _
K:\2016\ l 65092_Forum_ Cupertino\DOCS\08-Survey\l-P lats _ and_ Legal _ Desc \FO-RET-BASIN-DESC.doc
Page 1 of 1
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T H E'. f OR UM AT
RANC H O SAN A NTO N JO
282 O.R. ·J 39 3
MEMORA NDUM Of LEAS£
PA RCEL ON £
1 8 83 203 O.R .
LEGEND:
0 .R. OFFICIAL RECORDS
SF SQUARE FEET
GRAPHIC SCALE
40 0
Bkf
ENGINEERS/ SURVEYORS/ PLANNERS
40 80
1646 NORTH CALIFORNIA BLVD .
SUI TE 400
WALNUT CREEK, CA 94596
925-940-2200
925-940 -2299 (FA X)
CITY OF CUPERTINO
SANTA CLARA COUNTY
EXHIBIT "B"
Subject ~P=LA""""T-'--'-T-'-0-'-AC...C.C-'-CO-'--'M"""P..;_A"-'-NY-'--~~~~
EASEMENT DESCRIPTION
Job No. 20165092 -10
By MLH Date 09/25 /18 Chkd.BTW
SHEET 1 OF ..;_1~~-
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State of California
3a,rla cJ af'tG County of ---------------
On Novllnb« I~ I JJJlt before me , -Li ND-A f-/uGScA Tu.LLJ
(He re in sert name and title of the ofltcer)
, Notary Public ,
-V. {!_ I J..1,4 personally appeared ----------------------------------------------
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WITNESS m y hand an d official seal.
Si~~~#f (Notary Seal)
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State of California }
County of 6~ J(J.,{0-}
On-~~--· _1-+-1 _2_-6i_<-f __ before me, ,j U-Gt A ILtN":;>T, {\{o-~-~1-/L ~
(Here insert nam e and title of the omt:e·r)
personally appeared fl 11J---jr-J..--· hc..rv--c,l41
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WITNESS my hand and official seal.
Notary ~p blic Signature (Notary Public Seal)
---------------------:19 JULIA KINST ; Notary Public • California
• Santa Clara. County
Commiasion ti 2177 456
Mw Comm. Exolr11 Jan 25, 2021
'I
T
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